Steely & Clevie Has Trouble Tracking Down Some Reggaeton Artists, Producers In ‘Dem Bow’ Copyright Lawsuit 

Steely & Clevie Productions Ltd says that, despite its best efforts, it has been unable to effect service of its copyright infringement complaint on some of the Defendants, all of whom, it is alleged, infringed on the Dancehall production company’s Fish Market riddim, better known as Dem Bow.

Earlier this month, the Jamaican company had asked the California District Court, where the matter is being litigated, for permission to serve 77 of the Defendants—who are spread across the US, UK, France, Brazil, Puerto Rico, Columbia, Mexico, Argentina, Panama, and New Zealand—via email, instead.

According to court records obtained by DancehallMag, Steely & Clevie told the Court that they “conducted diligent and thorough research into the Defendants’ whereabouts,” but the lack of publicly available contact information on the Reggaeton artists and producers’ professional web pages, Facebook and Instagram accounts had “stymied” their efforts to effect service. 

On Tuesday (February 21), judge André Birotte Jr. denied Steely & Clevie’s request, because they failed to show that the application was warranted and also because they failed to adequately notify the attorneys for the Defendants (who have so far appeared) of their intent to file the application, even though, according to the judge, they had enough time to do so. 

They had been given an April 14, 2023 deadline by which they should serve the complaint to the remaining Defendants, failing which those stragglers would be dismissed from the lawsuit. The judge’s order on Tuesday, indicated that Steely & Clevie has only served or had service waived for just over 90 of the Defendants.

The Defendants, who have not yet been served, include but are not limited to Cali Y El Dandee, Stefflon Don, Llano, Farruko, Chris Jeday, Yandel, Play & Skillz, Anitta, Becky G, Maluma, DJ Snake, and several other individuals.

Those who have been served or those who have waived service, include but are not limited to Rauw Alejandro, Luis Fonsi, Justin Bieber, El Chombo, Pitbull, Mauricio Rengifo, Andres Torres, Nicky Jam, Ozuna, Universal Music Publishing, Inc, BMG Rights Management, LLC, Warner Chappell Music, Ultra Records, Energy Music, and UMG Recordings Inc, who are all represented by the law firm Pryor Cashman LLP.   

Steely & Clevie Productions Ltd, Anika Johnson (a representative of the deceased Wycliffe ‘Steely’ Johnson), and Cleveland ‘Clevie’ Constantine Browne are being represented by the Doniger / Burroughs Law Firm.  

The lawsuit claims that at least 56 Reggaeton songs, released between 1995 and 2021, had all ripped off elements from Steely & Clevie’s Fish Market Riddim.

Released in 1989, the Fish Market is most known internationally as Dem Bow—after Shabba Ranks‘ hit track, produced by the late Bobby ‘Digital’ Dixon. The Dem Bow song had used the Fish Market beat from Jamaican vocalist Gregory Peck’s Poco Man Jam, one of the 1989 tracks on Steely & Clevie’s original riddim.

The lawsuit outlined the trajectory which led to the alleged use of the Fish Market riddim by the Reggaeton artists, noting that “in 1990, subsequent to the release and success of Shabba Ranks’ Dem Bow, Denis Halliburton aka “Dennis the Menace” had replayed Dem Bow’s instrumental to record a Spanish language cover version of Dem Bow entitled Ellos Benia.

It claimed that another song titled Pounder by the duo Patrick Bernard aka “Bobo General” and Wayne Archer aka “Sleepy Wonder,” had a “B Side,” which featured an instrumental mix of Halliburton’s sound recording, and that “this instrumental has been sampled widely in Reggaeton and is commonly known and referred to as the Pounder riddim,” which “is substantially similar if not virtually identical to Fish Market.”

The lawsuit initially comprised three separate cases, which were later consolidated on July 15, 2022.

The first suit was filed in April 2021 against Panamanian Reggaeton artist and producer El Chombo and several other artists, producers, and record companies over their involvement in the release of Dame tu Cosita (which featured Jamaican artist Cutty Ranks) and the Dame Tu Cosita remix (which featured Pitbull and Karol G).

In October 2021, Steely & Clevie filed a second lawsuit against Puerto Rican singer Luis Fonsi and several other artists, producers, and record companies over 10 of his songs, including Despacito (with Daddy Yankee) and the Despacito Remix (with Daddy Yankee and Justin Bieber).

In May 2022, they filed the third lawsuit against Puerto Rican rapper Daddy Yankee and several other artists, producers, and record companies over his alleged use of the Fish Market in 44 songs, including Rompe, Dura, Gasolina, and Shaky Shaky.

Collectively speaking, the 56 songs at issue in the lawsuit have amassed over 22 billion views on YouTube, and scores of RIAA Platinum and Latin Platinum certifications in the United States.